Advancing children’s rights in law

Amended UN Convention on the Rights of the Child Bill passed

A Bill to provide greater protection of children’s rights has been passed by the Scottish Parliament for a second time.

The United Nations Convention on the Rights of the Child (Incorporation) Bill requires Scotland’s public authorities to protect children’s human rights in their decision-making when delivering functions conferred by Acts of the Scottish Parliament. It also allows for children, young people and their representatives to use the courts to enforce their rights.

Several sections of the original Bill, which was passed unanimously in 2021, were ruled by the Supreme Court to be outwith the Scottish Parliament’s legislative competence, following referral by the UK Government. MSPs have now backed an amended bill with reduced scope.

Social Justice Secretary Shirley-Anne Somerville said: “This Bill is an important milestone in ensuring that children’s rights are respected, protected and fulfilled under Scots law.

“Although Scotland will become the first devolved nation in the world to incorporate the convention into domestic law, we are limited in what we can achieve because of the nature of the devolution settlement.

“We’ve had to limit the scope of this Bill because of legal action taken by the UK Government. That is deeply disappointing. So, while this Bill is undoubtedly a step in the right direction, it remains the case that the only way to protect children’s rights in the delivery of all public services in Scotland is for the UK Government to fully implement UNCRC. Unfortunately for Scotland’s children and young people, they remain firmly opposed to such action.”

Chair of the Scottish Youth Parliament Mollie McGoran MSYP said: “The passing of the UNCRC Incorporation Bill is an important step in Scotland’s human rights journey.

“Whilst there has been challenges, this is a momentous day for the children and young people who have long campaigned for their rights to be respected in law and I want to thank and congratulate everyone who has worked for UNCRC incorporation.

“Decision makers and duty bearers in Scotland must now work towards embedding and respecting children and young people’s rights in every aspect of Scottish life. We want Scotland to be the best place in the world to grow up and this is now an incredible opportunity to make that a reality.”

Member of Children’s Parliament Omima said: “I think the change is definitely going to be gradual.

“But I think if it is up there, and children know “all my rights do matter enough to be put into law” then they’re going to start valuing themselves more, and valuing the way that they’re treated and the way that adults especially treat them.

“I think that’s just to me a big pick up for our generation – to make us feel as if we are heard and valued as people not just as children.

The UNCRC (Incorporation) (Scotland) Bill was first passed by the Scottish Parliament unanimously on 16 March 2021.

‘A dark day for devolution’?

SETBACK FOR SCOTLAND’S GENDER REFORM PLANS

JUDGES have ruled that the UK Government’s block of Scottish gender legislation was LEGAL.

The Holyrood parliament passed legislation to make it easier for people to change their sex last year, but the UK Government blocked the law, arguing that Scotland’s gender law would impact on equality laws across all countries of the UK

The Scottish Government challenged Westminster’s action through the courts, but yesterday The Court of Session in Edinburgh upheld the UK Government’s decision.

The Scottish Government is studying the detail of the judgement and has yet to make an official statement, but First Minister said the Supreme Court judgement marks ‘a dark day for democracy’.

Scottish Secretary Alister Jack takes a different view, of course.

The Secretary of State for Scotland, Rt Hon Alister Jack MP said: “I welcome the Court’s judgment, which upholds my decision to prevent the Scottish Government’s gender recognition legislation from becoming law.

“I was clear that this legislation would have had adverse effects on the operation of the law as it applies to reserved matters, including on important Great Britain-wide equality protections. 

“Following this latest Court defeat for the Scottish Government, their ministers need to stop wasting taxpayers’ money pursuing needless legal action and focus on the real issues which matter to people in Scotland – such as growing the economy and cutting waiting lists.”

The Scottish Government is unlikely to take Mr Jack’s advice and has 21 days to decide whether to lodge an appeal.

Judiciary of Scotland Judgment Summary

Three awards for Edinburgh at Holyrood’s Public Service Awards

Three Edinburgh projects were honoured at the Scottish Public Service Awards 2023 this week (December 6).

The awards, which are in their tenth year, are run by Holyrood Communications in partnership with the Scottish Government and the Scottish Parliament to help celebrate the contribution of public servants. 

Edinburgh’s response to supporting Ukrainian refugees was a standout of the evening winning two awards.

Edinburgh’s Warm Scots Welcome is a community and voluntary sector partnership which has helped welcome more than 11,000 Ukrainian refugees since the Russian invasion early last year.

The initiative, which was organised in collaboration between the City of Edinburgh Council, Edinburgh Voluntary Organisations Council (EVOC) and Volunteer Edinburgh (VE), won the Voluntary Sector Partnership Award.

The Edinburgh Ukrainian Welcome Hub also won the Commercial Partnerships Award.

This was a partnership between the City of Edinburgh Council and NatWest Group/Royal Bank of Scotland which has supported Ukrainians arriving in Scotland by providing property and facilities management, opening bank accounts, raising aid, distributing donations, volunteering, running events, giving specialist expertise, and offering women and girls tech training and employment.

Approximately 3,000 Ukrainians (representing up to 900 households), currently reside in Edinburgh, with over 350 children and young people in our education system.

There was also a victory for the Integrated Regional Employability and Skills Programme (IRES), as part of the Edinburgh and South East Scotland City Region Deal programme, which took the Project and Programme Management Award.

IRES seeks to evolve regional labour market policy and practice to drive inclusive growth, promising to deliver an additional 14,700 skill improvements across the Edinburgh and South East Scotland City Region and help 5,300 people into employment.

Council Leader Cammy Day said:I’m absolutely delighted to see the fantastic work in our city being recognised.

“Edinburgh’s solidarity and support for Ukraine and the Ukrainians who now call Edinburgh home is unwavering. These awards highlight the extensive partnership work between local government, third sector, private sector and other partners that has taken place across the city since the start of Russia’s illegal war against Ukraine in February 2022.

“As we shift our focus from welcoming our Ukrainian guests to helping with settling into their new lives here in Edinburgh, this strength of partnership is as important as ever. I’d like to wholeheartedly thank all our partners and the people of Edinburgh for all their efforts.  

“Employment, upskilling, and improving the working lives of our residents are also key priorities, and it’s great to see that these have been recognised in IRES’s award.”

Social Security in an independent Scotland

Plans to deliver a fairer system with more positive outcomes if Scotland becomes an independent country

Independence would give Scotland the opportunity to take a new approach to social security designed to be fairer, more dignified and more respectful according to a new paper published by Cabinet Secretary for Social Justice, Shirley-Anne Somerville.

The ninth paper in the Building a New Scotland series – Social Security in an independent Scotland – sets out how the UK Government holds the majority of social security powers including low income and working age benefits. 

It evidences negative impacts of the UK Government’s current welfare policies on poverty levels, outlines the progress the Scottish Government has already made in creating a fairer system with limited powers, and demonstrates how an independent Scotland could go even further.

These include:

  • supporting and protecting everyone who needs financial help and support at any point in their lives
  • introducing early reforms to Universal Credit – removing the bedroom tax, benefit cap, two child limit, ‘rape clause’ and young parent penalty which have all been introduced by the UK Government
  • working alongside wider labour market, health and social policies to create a stronger and more dynamic economy like comparable European countries
  • stopping the rollout of changes to the delivery of reserved ill-health and disability benefits introduced as a result of the UK Government’s Health and Disability White Paper
  • moving towards a new system grounded in adequacy, such as a Minimum Income Guarantee, to ensure that everyone could have a decent level of income and live with dignity

Ms Somerville said: “With independence, we believe Scotland can do better. With limited powers, the Scottish Government has already demonstrated that things can be done differently with an approach to social security that treats people with dignity, fairness and respect.

“An estimated 90,000 fewer children are expected to live in relative and absolute poverty this year as a result of actions we have taken.

“With the powers of an independent nation, Scotland could do more to make our system fairer and move away from the UK Government’s system of benefit freezes, caps and punishment.  We could move away from the UK Government’s system that offers inadequate levels of financial support and is pushing people into poverty.

“The best-performing independent countries comparable to Scotland demonstrate that a strong social safety net is a foundation of a dynamic, innovative and productive economy, rather than a barrier to it.

“We can become a stronger, fairer and more prosperous country – this government believes that independence is the best route to getting there.”

Coalition calls for budget for mental health as new figures highlight child challenge

The Scottish Children’s Services Coalition (SCSC), an alliance of leading providers of specialist care and education to vulnerable children and young people, is calling on the Scottish Government to deliver a budget for mental health on 19th December.

The call comes as the latest waiting time figures from Public Health Scotland, published yesterday, indicate that 147 children and young people had been waiting over a year for treatment from child and adolescent mental health services (CAMHS) in the quarter ending September 2023.

The figures also show that a total of 5,344 children and young people were still stuck on waiting lists to start treatment at the end of that quarter.

Just 75.6 per cent of patients with mental health problems were seen within 18 weeks from referral to treatment at CAMHS. This falls short of the Scottish Government’s waiting time target of 90 per cent being seen within 18 weeks.

This comes against the background of an increasing level of violent incidents in the classroom, a result in part due to the current mental health emergency, exacerbated by the Covid lockdown and cost-of-living crisis.

A report out from the Scottish Government last week found that more than a third of staff had been at the receiving end of verbal abuse in the preceding seven days, and a poll from the largest teaching union, the EIS, revealed that 63.2 per cent of respondents said there are daily incidents of violence or aggression from pupils aimed at teachers.

However, it should be noted that despite this challenging situation, only 0.66 per cent of the total NHS budget was spent on CAMHS in the 2021/22 financial year.2 Indeed, only 8.78 per cent of total NHS budget was spent on mental health services, a decrease of 0.34% in the past decade (from 9.12 per cent in 2011/12).

The SCSC is calling the Scottish Government to up its game in the budget and make the treatment of mental health issues a key national priority, prioritising spending and avoiding a potential lost generation of children and young people with mental health problems.

Even before the Covid-19 pandemic, cases of poor mental health in children and young people were at unprecedented levels, with under-resourced services struggling to keep pace with growing demand, leaving an increasing number of vulnerable individuals unable to access support. Children and young people are still battling with the long shadow of lockdown, and the rising cost of living is adding to the pressure.

A spokesperson for the SCSC commented: “The latest figures highlighting that more than 5,300 children and young people are still waiting for treatment from mental health services, with 147 waiting over a year, is extremely alarming.

“We are facing a mental health emergency and many of our children and young people are at breaking point, with stress and anxiety reaching alarming levels as they battle with the long shadow of lockdown and the rising cost of living.

“This is also having a major impact on classroom behaviour, impacting the young people concerned, their fellow pupils and staff.

“Each one of these statistics is an individual, and we would urge the Scottish Government to up its game and make the adequate resourcing of mental health services for our children and young people an absolute priority in the forthcoming budget.”

COSLA: Well-funded councils are the key to unlocking the very best for Scotland’s communities

Councils are key to unlocking both the potential and the best outcomes for our local communities but require proper funding to do so, COSLA said yesterday.

The comments came as COSLA launched their Budget Lobbying campaign for the coming year, ahead of the Scottish Government’s Budget announcement on December 19th.

COSLA President, Councillor Shona Morrison, said: “Councils really are the key to unlocking the best for our communities – from safe, quality housing; to clean streets; to supporting the most vulnerable people to thrive; to education and social care – the importance of these services cannot be emphasised enough, but they need to be funded properly.

“We all see the headlines in our local and national press about the difficult financial choices councils need to make, deciding whether to reduce or even cut vital services and ending funding for essential charity and community partners.

“Unfortunately, Councils have no choice but to protect core statutory services, especially with the unprecedented financial challenges we are all experiencing. Budgets are tight, creating risks to many other local services our communities rely on, such as programmes supporting children and young people, sports and leisure facilities and public transport.

“The Verity House Agreement has facilitated positive working between Scottish Local Government and Scottish Government since being signed in June, but COSLA is clear that we must use this to jointly tackle poverty, make a just transition to Net Zero, and achieve sustainable public services.

Fair funding for Local Government must be a Scottish Government priority in order to unlock the full potential of our councils to achieve these goals.

“The campaign we are launching today clearly illustrates not only the challenges our Councils are facing, but the great potential they have if funded properly. We will continue to work closely with Scottish Government and other partners to get the best deal for our councils and our local communities.”

COSLA Resources Spokesperson Councillor Katie Hagmann added: “What councils deliver with and on behalf of communities is key to creating the safe, healthy, vibrant and empowered communities we all want to see.

“Local Government holds the key to unlocking the potential in local areas, with its unique understanding of context, challenges and opportunities in individual local areas.

“Sadly, our reality right now is an extremely challenging financial climate coupled with years of real-terms cuts to council budgets while additional policy commitments are continually being introduced.

“If this situation doesn’t start to improve soon, it will mean tough choices being made and the many essential services councils currently provide will cease – services that not only address problems on the ground, but actively prevent bigger issues occurring down the line.

We have been clear that cutting frontline staff isn’t the answer. We need to see Scottish Government investing in Local Government, so we can do what we do best – preventing problems in the first place and improving quality of life.

“The challenges we face nationally are best addressed at the local level, not at crisis point in A&E or within the criminal justice system. From better health to reaching our net zero ambitions to improving our economy, a well-funded Local Government is the key to Scotland achieving a better future.”

Scottish Government pledges new deal for business

Working hand-in-hand with business

The voice of business is being heard at the heart of government, Wellbeing Economy Secretary Neil Gray has told industry leaders.

Addressing the Scottish Chambers of Commerce annual dinner in Glasgow, Mr Gray said he was committed to strengthening the partnership with business and consulting on policy.

He also acknowledged the need to tackle labour and skills shortages and confirmed the Scottish Government would update shortly on plans for the reform of lifelong education and skills training.

Mr Gray said: “Growth is fundamental to a vision for a wellbeing economy and business plays a crucial role in achieving that.

“The New Deal for Business Group aims to ensure businesses can navigate the policy development process. This will mean they can contribute more effectively, ensuring that informed choices are made by government around the timing, content and practical consequences of new policies.

“The voice of business is not just being listened to, it is being put at the heart of government. We have published an implementation plan on recommendations deriving from the New Deal Group and I am very conscious that, to keep earning your trust, I must deliver on it.

“This will not provide a solution to all policy issues or stop differences of opinion, but I hope it will ensure that operate on the basis of no surprises. Our policy should be informed by your expertise and your business planning should be informed by clear, early signals of policy.

“We continue to work with industry to develop our Talent Attraction and Migration Service and create the conditions to help business flourish and, in turn, drive economic growth that benefits all of society.”

Alcohol marketing consultation

Further discussions to be held on reducing alcohol harm

The Scottish Government will hold more talks with public health stakeholders and the alcohol industry early next year to discuss ways of limiting young people’s exposure to alcohol promotions.

The development comes following publication of the Scottish Government’s recent consultation analysis on restricting alcohol advertising and promotions.

The report shows the majority of individuals and most organisations with links to the alcohol industry thought the proposals as set out would not achieve the intended outcomes of reducing alcohol consumption and alcohol harm, and/or were disproportionate to the scale of the problem. However, there were high levels of agreement with the proposals among public health, third sector, local authorities and academic organisations.

Following targeted stakeholder engagement, the public will be asked for their views on a narrower range of proposals which take into account the views expressed and international public health evidence, including a recommendation from the World Health Organization (WHO) that restricting alcohol marketing is one of the most cost-effective ways of tackling alcohol harm.

Drugs and Alcohol Policy Minister Elena Whitham said: “My sympathy goes to all those affected by the loss of a loved one through alcohol.

“We’re determined to reduce the harm caused by alcohol, particularly to young people, while minimising any impacts on Scotland’s world class drinks industry or tourism sector.

“International evidence shows that alcohol marketing increases the likelihood that children and young people will start to drink alcohol or, if they already drink alcohol, drink more, while young people and their families have told us that they want us to take action.

“While almost all responses to the consultation acknowledged that children and young people should not be exposed to alcohol advertising and promotions, it is clear there are a range of views on how this might be achieved. Since the consultation was launched, the First Minister and other Ministers have engaged with a wide range of businesses and stakeholders.

“So we will continue to engage with all interested parties on specific, narrower, proposals that meet our aims. I’m confident this collaborative approach will ensure that we develop policies understanding the full range of opportunities and impacts.”

Consultation on Restricting Alcohol Advertising and Promotion: Analysis of responses

Support for new public libraries projects

Funding to connect libraries with local communities

A group of eight innovative new library projects designed to enrich communities across Scotland will be brought to life through a share of £106,868 support received through the Public Library Improvement Fund (PLIF).

These projects include the introduction of a comprehensive library outreach offer in East Lothian, a digital project focusing on celebrating Dundee’s Maritime Pasts and Future, and High Life Highland’s sensory project, which aims to engage with those with autism and dementia among many others.

Culture Minister Christina McKelvie said: “The Scottish Government places great importance on public libraries. We believe that everyone should have access to library services. So I’m pleased to announce this first round of projects for the 2023-24 year – eight new programmes that will make a positive difference to local communities across Scotland.

“Congratulations also to Midlothian Library Service, who were awarded the 2023 SLIC Service Excellence Award for its work with supporting communities during the cost-of-living crisis. It is fantastic to see the central role Loanhead Library plays in the everyday lives of local people – bringing the values of the #MidlothianCares initiative to life.

“I understand first-hand the valuable service libraries provide across Scotland – during my childhood, my local library was a real sanctuary for enjoyable learning and it played an important role in my development.”

Pamela Tulloch, Chief Executive of the Scottish Library and Information Council (SLIC), said: “Public libraries, through their diverse offerings and inclusive nature, contribute to all areas of social, cultural and daily life.

“They allow people equal access to services, resources and information, and many are continually building on their offering to further transform and thrive in line with the changing demands and requirements of their users.

“Investing in our public libraries is not just about enhancing physical spaces; it’s about empowering minds, fostering a love for learning and bridging gaps to ensure equal access for all. The Public Library Improvement Fund (PLIF), from the Scottish Government, allows services across Scotland to enhance their offering to provide further support which benefits the communities in which they operate.

“With people, place and partnership at the heart, we can’t wait to see how the eight projects awarded funding flourish over the next 12 months and would encourage public libraries across Scotland to consider how they can help lead the way in developing our services and apply for the second round of funding today.” 

Project Title/ServiceProject AimAmount Awarded (of £106, 868)
Carnoustie Creatorspace in AngusTo create a space on the upper floor of Carnoustie Library which is currently used as an Exhibition Space to exhibit work by local artists and creative clubs. This space will focus on the provision of tools, equipment and resources to foster artistic design and creativity.£14,715
Dundee’s Maritime Pasts and Future in DundeeThis project will be a partnership between the Local History and Steam Hub departments in Dundee Central Library. Volunteers will work with Local History staff to create a digital resource which presents logbooks in their historical context, exploring the whaling industry in Dundee, its environmental impact, and the city’s relationship with nature and the sea over the years.£6,400
East Lothian Libraries – Community Centred Service in East LothianTo establish a dedicated resource for a comprehensive library outreach offer in East Lothian, work with Families Together East Lothian (FTEL), to offer families support with budgeting, parenting, neurodiversity and bereavement. Participation sessions will also be offered to families not using libraries to enhance take up of the ‘Every Child a Library Member’ programme.£3,960
Return Journeys: developing pathways back to the library for identified under-reached groups in FalkirkThis project aims to work with partners, and identified groups (traveller community, refugees and asylum seekers and care-experienced individuals) to identify barriers to library use and develop strategies that will enable effective use of services. The project will then develop library services that meet their specific needs of identified groups.£10,484
High Life Highland Libraries Making ‘Sense’ for Communities in HighlandHigh Life Highland’s sensory project aims to engage with and improve the health and wellbeing of hard-to-reach groups including those with autism, dementia, physical impairment, and those who are socially isolated.£6,000
Making a Noise in the North: Fair Access to Reading for the Visually Impaired in Orkney/ShetlandThis project concentrates on improving the reading experience for users with additional needs, such as visually impaired and dyslexic customers. Also key to the project is promotion of library services and staff development.£5,500
Lending Voices: Portable Podcasting in Your Library in South LanarkshireThis project offers accessible podcasting services in public libraries. This will enable users to create, learn, and engage with podcasts. The project aligns with the library’s mission to foster learning, share knowledge, and engage with communities through digital literacy and enriched cultural expression.£6,770
Evidencing the social impact of public libraries in StirlingThis project seeks to evidence and better understand the social impact Stirling Council Libraries have within their local communities; and to produce a methodological toolkit from lessons learnt which other public libraries can use to conduct similar evaluations

Scottish Government and Police Scotland launch drug-driving campaign

  • Almost half of drivers drug tested at the roadside were arrested for drug-driving1
  • The Scottish Government and Police Scotland launch drug-driving campaign

The Scottish Government and Police Scotland have launched an enforcement campaign to tackle drug-driving, highlighting the criminal and personal consequences of being found guilty of driving with drugs in your system.

With latest Police Scotland data revealing almost half of drivers drug tested at the roadside were arrested for drug-driving1, the hard-hitting campaign reminds drivers that drug-driving is not worth the risk.

During the festive period Police Scotland will be ready to catch drug-drivers with roadside tests using drug wipes for any motorist they suspect of drug-driving. If the test is positive, drivers will be arrested.

Driving under the influence of drugs, or any other substance such as alcohol, can destroy lives. Drugs can slow down your responses, making a collision more likely. This can lead to severe injuries and even death.

Cabinet Secretary for Justice and Home Affairs, Angela Constance said: “The consequences of drug-driving can be devastating and those found guilty of breaking the law face a criminal record, a large fine, and up to six months in prison.

“Driving with drugs in your system puts the driver, passengers and other road users at risk of serious injury, or death. The message is clear, don’t take drugs and drive.”

Police Scotland’s enforcement campaign will see an even stronger focus on drug-driving on Scotland’s roads from 1st December, so the chances of being caught are higher than ever.

On average, police encounter 40-50 motorists a week who provide a positive drug wipe. Drivers who provide a positive roadside drug test are arrested and taken to a police station where a blood sample is obtained and sent for further analysis.

A drug-drive conviction is not only a driving offence, it is also a criminal offence. On conviction, drivers could receive a minimum 12-month driving ban; 3-11 penalty points on their licence; a criminal record; up to 6 months in prison and a fine of up to a £5,000. 

Chief Superintendent Hilary Sloan, Police Scotland’s Head of Road Policing said: “We continue to see motorists put others at risk by driving after drinking alcohol or taking drugs, despite repeated warnings about the dangers of drink and drug-driving.

“It doesn’t matter how good a driver you think you are, alcohol and drugs will affect your reactions and your judgement.

“Don’t put yourself or others at risk. You could lose your job, end up in prison or suffer life changing injuries. Think of the impact it could have on your loved ones. You could kill someone.

“If anyone is concerned about a driver’s behaviour, let us know. Help us keep Scotland’s roads safe.”

The new drug-driving advertising campaign highlights how easy it is to catch drug-drivers and features cars being stopped by police with very telling number plates spelling out ‘H1GH’, ‘W1R3D’ and ‘ST0N3D’.

It will run during the festive period on VOD, radio, digital and outdoor channels supported by a PR and social media campaign.

For more information go to roadsafety.scot or the Road Safety Scotland Facebook and X (formerly known as Twitter) (@roadsafetyscot) pages.